SB-0811, As Passed House, March 20, 2014
February 20, 2014, Introduced by Senators MOOLENAAR, WARREN, MARLEAU, CASWELL, ROBERTSON, SCHUITMAKER, CASPERSON, ROCCA, ANDERSON, COLBECK, JANSEN, HOPGOOD, JONES, WHITMER, ANANICH, HANSEN, NOFS, PAPPAGEORGE, EMMONS, BIEDA, HILDENBRAND, KOWALL and JOHNSON and referred to the Committee on Health Policy.
A bill to amend 1981 PA 180, entitled
"Older Michiganians act,"
by amending section 6 (MCL 400.586), as amended by 1987 PA 35.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. The office of services to the aging shall do all of
the following:
(a) Serve as a visible and effective advocate for aging and
older persons.
(b) Function as the single state agency within this state to
supervise and administer the state plan required by the older
Americans
act of 1965, 42 U.S.C. USC
3001 to 3058d.3058ff.
(c) Be primarily responsible for the coordination of all state
activities related to the purposes of this act.
(d) Cooperate with agencies of the state and federal
government and receive funds for any purpose authorized by the
legislature.
(e) Make necessary contracts incidental to the performance of
its duties and the execution of its policies.
(f) Provide technical assistance to state and local agencies
for the purposes of planning, program development, administration,
and evaluation; and encourage, promote, and aid in the
establishment of services for aging and older persons.
(g) Collect, analyze, and disseminate data concerning services
which affect aging and older persons.
(h) Establish an educational and public information program to
foster public understanding of the problems and opportunities of
aging and older persons; provide information on programs available
to assist older persons; and encourage the development of private
and public community programs to improve the status of older
persons.
(i) Evaluate the effect of federal and state statutes on aging
and older persons and recommend to the governor and the legislature
appropriate changes.
(j) Evaluate, in cooperation with appropriate state
departments and agencies, the effectiveness of public and private
policies
which that affect older persons in the state and which
that are funded by federal, state, local, and private resources,
including
services which that provide a comprehensive and
integrated
system of health and social services which that respond
to individual needs.
(k) Supervise, monitor, assess, evaluate, and provide
technical assistance to area agencies on aging, and other agencies
receiving funds from the office, in meeting specified objectives.
(l) Make recommendations to the governor and the legislature on
budget and grant requests for programs for aging and older persons.
(m) Participate in the development of the annual report of
services that is required to be submitted to the department of
health and human services under section 2004 of Title XX of the
social
security act, 42 U.S.C. USC
1397c, and provide
recommendations
to the governor on the components of the plan which
that relate to services to aging and older persons.
(n) Develop a comprehensive triennial state plan on aging with
yearly updates regarding the priority needs of aging and older
persons, as well as recommendations for future action. The office
shall prepare an annual report to be submitted to the governor and
the legislature by January 31 of each year. The annual report shall
detail the progress of the office and the commission in
implementing the triennial plan.
(o) Establish an appeals procedure, subject to approval by the
commission, the applicability of which shall not be limited to
denials of funding.
(p) Serve as a clearinghouse for the collection and
distribution of information on aging and older persons.
(q) Establish demonstration programs for services to the aging
and older persons in selected communities in the state. Particular
emphasis shall be given to services designed to foster continued
participation of older persons in family and community life and to
prevent as nearly as possible unnecessary institutionalization of
older persons. The programs shall be established to demonstrate and
test their effectiveness, to stimulate continued support for them,
and to create new services, using federal, state, local, or private
funds and resources.
(r) Function as the state agency for voluntary services for,
and provided by, older persons. The office shall do all of the
following:
(i) Be designated as the state agency for coordination and
development of foster grandparent and senior companion programs.
The office is authorized: to receive and allocate funds from
federal, state, and other sources for foster grandparent and senior
companion programs; to negotiate waivers with the federal agency
responsible for administering foster grandparent and senior
companion programs and funds; and, in cases where federal foster
grandparent and senior companion programs cannot be modified, to
institute policies and rule variations with subprograms of foster
grandparent and senior companion programs distinctly established
through the use of state funds. Administrative agencies established
before October 6, 1976, to develop and administer foster
grandparent and senior companion programs are continued under this
act
pursuant according to contracts initiated with the federal
government.
This subparagraph shall does
not be construed to
prohibit the termination of a grantee for cause. Expansion of
foster grandparent and senior companion programs shall be
administered under existing programs where feasible. Other state
and local governmental agencies serving children, youth, and
mentally
retarded developmentally
disabled persons in need of
protective care and treatment in institutional and community
settings shall cooperate with the office in the development and
administration of voluntary services for, and provided by, aging
and older persons. The office may negotiate with the federal
administration to obtain the same nontaxable status for state
funded foster grandparent and senior companion stipends as that
given to participants in the federal program.
(ii) Be designated as the state agency for coordination and
development of retired senior volunteer programs. The office is
authorized: to receive and allocate funds from federal, state, and
other sources for retired senior volunteer programs; to negotiate
waiver of rules with the federal agency responsible for
administering retired senior volunteer programs and funds; and, in
cases where federal retired senior volunteer programs cannot be
modified, to institute policies and rule variations with
subprograms of retired senior volunteer programs distinctly
established through the use of state funds. Administrative agencies
established before October 1, 1978, to develop and administer
retired senior volunteer programs are continued under this act
pursuant
according to contracts initiated with the federal
government.
Nothing in this subparagraph shall be construed to
prohibit
prohibits the termination of a grantee for cause.
Expansion of retired senior volunteer programs shall be
administered under existing programs where feasible. Other state
and local governmental agencies shall cooperate with the office in
the development and administration of voluntary services for, and
provided by, aging and older persons.
(s) Establish, evaluate, and improve opportunities for aging
and older persons to provide volunteer services.
(t) Pursue and receive on behalf of the state any grant or
gift and accept any grant or gift so that the title passes to the
state. All grants and gifts shall be deposited with the state
treasurer and used for the purposes set forth in the grant or the
gift if the purposes are within the powers conferred on the office
and the use is approved by the legislature. If the use is not
approved, the grant or gift shall revert to the donor, or the
donor's administrator or assigns.
(u) Train and assign staff who shall institute food delivery
systems, inform older persons of the delivery systems, and train
older persons to operate the food delivery systems. The office
shall also do all of the following:
(i) Develop means to reduce the cost of food to older persons
and increase the nutritional adequacy of food purchased and
consumed.
(ii) Provide technical assistance to local clubs, groups, or
organizations of older persons for the development of buying clubs,
food cooperatives, or shopping assistance programs; provide
education in purchase and preparation of foods; and encourage
retail grocers to package raw food in meal-size portions.
(iii) Provide ongoing assistance until the individual projects
become self-sufficient.
(iv) Coordinate and develop efforts in conjunction with those
of other state or local public or private agencies such as the
cooperative extension services, public health agencies, senior
nutrition
projects, the department of social human services, the
retail grocers association, the department of agriculture and rural
development, and others considered appropriate by the office.
(v) Provide in its annual report to the governor and the
legislature under subdivision (n), a report on the effect of the
programs.
(vi) Provide trained personnel, technical assistance, and
coordination with other state agencies.
(v) Function as the administrator of employment programs and
related services for, and provided by, older persons. The office
shall encourage the employment of older persons in government
agencies and private organizations.
(w)
Subject to Act No. 370 of the Public Acts of 1941, as
amended,
being sections 38.401 to 38.428 of the Michigan Compiled
Laws,
1941 PA 370, MCL 38.401 to
38.428, and the rules of the state
civil service commission, ensure that preference is given to older
persons in employment by the office and all recipients of funds
from the office.
(x) Encourage the development of preretirement and
postretirement programs for older persons.
(y) Develop, in consultation with the various components of
the aging network, basic core needs assessment and evaluation
instruments. The office shall provide technical assistance to aid
local organizations in augmenting these core instruments.
(z) Provide adequate and effective opportunities for older
persons to express their views on policy development and program
implementation.
(aa) Establish a long-term care ombudsman program consisting
of a state long-term care ombudsman and a system of local or
regional ombudsman offices having the duties and powers described
in section 6g. The local or regional ombudsman programs shall be
funded through area agencies on aging.